Deris Patents and Trademarks Agency provides IP consulting with its clients in Turkey. Deris assists its clients in providing opinion and developing business strategies for the protection of copyrights, domain names, breeder’s rights on new plant varieties, integrated circuit topographies and geographical indications.
Copyrights in Turkey
The legislation concerning copyright protection comprises the Law on Intellectual and Artistic Works which contains the following:
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Copyright Law on Intellectual and Artistic Works (Copyright Act) No. 5846 of December 5, 1951 as amended by Law No. 5101 on December 3, 2004 Law on the Evaluation, Classification and Support of Cinema Films
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A number of regulations concerning the implementation and enforcement of the above copyright laws, the most recent of which is Regulation No. 26171 of May 17, 2006 regarding the recording and registration of intellectual and artistic works
Our trademark attorneys, who are experienced in intellectual property rights provide assistance in filing applications for the registration of copyrights before the Ministry of Culture and Tourism. Deris Patents and Trademarks Agency also handles copyright prosecutions before Courts, Turkish Patent Institute and other administrative authorities through its IP attorneys.
Domain Names in Turkey
The official entity in Turkey which is assigned to register top level domain names such as “.com.tr” is Middle Eastern Technical University (METU). It is possible to track your own case by going to the METU site and filling out a form provided on the METU Internet address in Ankara. By following these steps, foreign companies do not need to be represented by local providers to register domain names. You can use the www.nic.tr address to obtain the application form in Turkish and English, and the Top Level Domain Administrator.
Breeder’s Rights on New Plant Varieties / Plant Variety Protection in Turkey
Act no. 5042 pertaining to the protection of breeder’s rights on new plant varieties was put into effect on January 15, 2004. Upon adoption of this new protection type on November 18, 2007, Turkey became the 65th member of UPOV.
Under this new law, breeders have new financial sources for breeding new, productive and higher quality varieties while trusting that their rights are protected. As of 2008, 48 different plant varieties have been protected in Turkey and applications for 61 plant varieties have been accepted within the framework of this protection. The plant variety in question should be new, distinct, uniform and stable in order to obtain protection.
Integrated Circuit Topographies in Turkey
Act no. 5147 pertaining to the protection of integrated circuit topographies was put into effect on April 30, 2004 in Turkey. Under this Act integrated circuit topographies are protected before the Turkish Patent Institute for ten years. This protection period starts from the launch date of the integrated circuit by the applicant or by a third party through the applicant’s authorization in the market (domestic or foreign). Protection of Integrated Circuit Topography in Turkey will only go into effect if the request for registration is filed with the T.P.I. within 2 years from the application date and no commercial activity is in question.
The integrated circuit topography has to meet the requirement of originality for registration purposes in Turkey which is defined as, “creation which is the result of its creator’s own intellectual effort and is not commonplace among creators and manufacturers of integrated topographies at the time of the creation.”
Renewal of the protection of integrated circuit topography in Turkey is not possible and after ten years the subject matter of the right becomes public property.
Geographical Indications in Turkey
Protection for geographical indications has been provided in Turkey since 1995 in accordance with Decree-Law No. 555 pertaining to the Protection of Geographical Indications. Currently there are 95 registered geographical indications, of which 51 are registered with respect to food products, and the remaining relate to handcraft products such as carpets. etc. Also applications for 132 geographical indications have been accepted within the framework of this protection.